State v. Pride

567 S.W.2d 426 (1978)

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Nature of the Case

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Facts

Mabel was traveling on interstate highway I-55. She turned off the highway and parked her car on the truck parking side of the highway rest area. She locked her car and went into the women's restroom. As she was leaving one of the stalls in the restroom, someone grabbed her around the neck and pushed her to the floor. She was beaten about the head and robbed of her car keys and watch. She identified Roscoe James Pittman as the robber. She further testified that D did not attack or threaten her, but did enter the restroom on one occasion. Gary Lively, a truck driver, heard her scream as he was coming out of the men's restroom. He testified that he saw Pittman standing inside the women's restroom and D standing 'a foot or so away.' Pittman and D then proceeded toward their car. Lively followed them and copied the license number of the car the two men were about to enter and called the police on his CB radio. Mabel had gotten her pistol from her car and enlisted the aid of another truck driver, Phillip Wayne Brough, to help stop Pittman, and D. Brough took the gun from Mabel and walked toward the car, holding the gun at his side. When he was within twenty or thirty yards, the man on the passenger side of the car (Pittman) leveled a .22 caliber rifle at him. Brough took cover. Pittman and Brough exchanged shots. Then Pittman and D got in their car and drove off. Brough further testified that he fired one more shot as the car sped away. No one was seriously injured. Pittman and D were arrested later by the Jackson police. (Lively and Brough are great people. Brough is truly a hero). D was convicted for robbery in the first degree, and assault with intent to kill with malice. D argues that the trial court erred in refusing to give instructions to the jury on the law of self-defense and the lesser offense of assault without malice.